출입국관리법위반
The defendant's appeal is dismissed.
Summary of Reasons for appeal
A. Fact-misunderstanding (as to the violation of the Immigration Control Act due to the prohibition of submitting false documents), the Defendant did not recommend or arrange a foreign employee I, etc. to apply for refugee recognition, and the owner of a competition establishment sold his/her employees, thereby making a false petition to the two states immigration control offices.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.
The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake in fact, namely, ① a foreigner I (one person J), K (one person L, M), and N (one personO) who works at an entertainment shop operated by the Defendant as an employee, will recommend the Defendant to apply for refugee status or to apply for refugee status on behalf of the Defendant in the police investigation.
the Corporation.
The statement (Evidence No. 9, 37, 52 pages), 2. The witness V of the trial party was a woman-friendly Gu at the time.
The statement made to the effect that the process for applying for refugee status by J was ambiguous, and that it is difficult to reject the above employee's statements only by the statement of V, and ③ the Defendant introduced the employee, upon finding in the investigative agency the "P" business, who is in the process of applying for refugee status, and paid 2.5 million won as advance payment by the employee.
J and M directly provided 2.5 million won to P who was found in the business, and the O provided 2.5 million won to P.
Although an employee is not a refugee, it was introduced to the employee for dismissal. “The fact that the employee stated as “(Evidence No. 106, 154 through 156, 246, 247 page)” and ④ The Immigration Control Act provides good offices for filing an application for change of status of stay by submitting false documents, etc. is the applicant for change of status of stay.